83R17527 JAM-F
By: Phillips H.B. No. 2743
Substitute the following for H.B. No. 2743:
By: Martinez C.S.H.B. No. 2743
A BILL TO BE ENTITLED
AN ACT
relating to the powers and jurisdiction of a regional mobility
authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 370.003(14), Transportation Code, is
amended to read as follows:
(14) "Transportation project" means:
(A) a turnpike project;
(B) a system;
(C) a passenger or freight rail facility,
including:
(i) tracks;
(ii) a rail line;
(iii) switching, signaling, or other
operating equipment;
(iv) a depot;
(v) a locomotive;
(vi) rolling stock;
(vii) a maintenance facility; and
(viii) other real and personal property
associated with a rail operation;
(D) a roadway with a functional classification
greater than a local road or rural minor collector;
(D-1) a bridge;
(E) a ferry;
(F) an airport, other than an airport that on
September 1, 2005, was served by one or more air carriers engaged in
scheduled interstate transportation, as those terms were defined by
14 C.F.R. Section 1.1 on that date;
(G) a pedestrian or bicycle facility;
(H) an intermodal hub;
(I) an automated conveyor belt for the movement
of freight;
(J) a border crossing inspection station;
(K) an air quality improvement initiative;
(L) a public utility facility;
(M) a transit system;
(M-1) a parking area, structure, or facility, or
a collection device for parking fees;
(N) if applicable, projects and programs listed
in the most recently approved state implementation plan for the
area covered by the authority, including an early action compact;
[and]
(O) improvements in a transportation
reinvestment zone designated under Subchapter E, Chapter 222; and
(P) port security, transportation, or facility
projects eligible for funding under Section 55.002.
SECTION 2. Section 370.033, Transportation Code, is amended
by amending Subsections (c) and (f) and adding Subsections (f-1)
and (r) to read as follows:
(c) An authority may[, if requested by the commission,]
perform any function not specified by this chapter to promote or
develop a transportation project that the authority is authorized
to develop or operate under this chapter [in the authority's area of
jurisdiction].
(f) An authority [and a governmental entity] may enter into
a contract, agreement, interlocal agreement, or other similar
arrangement under which the authority may acquire, plan, design,
construct, maintain, repair, or operate a transportation project on
behalf of another [the] governmental entity if:
(1) the transportation project is located in the
authority's area of jurisdiction or in a county adjacent to the
authority's area of jurisdiction;
(2) the transportation project is being acquired,
planned, constructed, designed, operated, repaired, or maintained
on behalf of the department or another toll project entity, as
defined by Section 372.001; or
(3) for a transportation project that is not described
by Subdivision (1) or (2), the department approves the acquisition,
planning, construction, design, operation, repair, or maintenance
of the project by the authority.
(f-1) [An authority may enter into a contract or agreement
with the department under which the authority will plan, develop,
operate, or maintain a transportation project on behalf of the
department, subject to the transportation project being in the
authority's area of jurisdiction.] A contract or agreement under
Subsection (f) [this subsection] may contain terms and conditions
as may be approved by an authority, including payment obligations
of the governmental entity and the authority.
(r) This chapter may not be construed to restrict the
ability of an authority to enter into an agreement under Chapter
791, Government Code, with another governmental entity located
anywhere in this state.
SECTION 3. Section 370.161, Transportation Code, is amended
to read as follows:
Sec. 370.161. TRANSPORTATION PROJECTS EXTENDING INTO OTHER
COUNTIES. [(a)] An authority may study, evaluate, design,
finance, acquire, construct, operate, maintain, repair, expand, or
extend a transportation project [only] in:
(1) a county that is a part of the authority;
(2) a county in this state that is not a part of the
authority if the county and authority enter into an agreement under
Section 370.033(f)[:
[(A) the transportation project in that county is
a continuation of a transportation project of the authority
extending from a county adjacent to that county;
[(B) the county is given an opportunity to become
part of the authority on terms and conditions acceptable to the
authority and that county; and
[(C) the commissioners court of the county agrees
to the proposed acquisition, construction, operation, maintenance,
expansion, or extension of the transportation project in that
county]; or
(3) a county in another state or the United Mexican
States if:
(A) each governing body of a political
subdivision in which the project will be located agrees to the
proposed study, evaluation, design, financing, acquisition,
construction, operation, maintenance, repair, expansion, or
extension;
(B) the project will bring significant benefits
to the counties in this state that are part of the authority;
(C) the county in the other state is adjacent to a
county that [is]:
(i) is part of the authority studying,
evaluating, designing, financing, acquiring, constructing,
operating, maintaining, repairing, expanding, or extending the
transportation project; and
(ii) has a municipality with a population
of 500,000 or more; and
(D) the governor approves the proposed study,
evaluation, design, financing, acquisition, construction,
operation, maintenance, repair, expansion, or extension.
SECTION 4. Section 370.181(b), Transportation Code, is
amended to read as follows:
(b) An authority may enter into an agreement with one or
more persons to provide, on terms and conditions approved by the
authority, personnel and services to design, construct, operate,
maintain, expand, enlarge, or extend a [the] transportation project
owned or operated by [of] the authority.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.